By James Sutherland on SwimSwam
A group of former Cal swimmers won an appeal on Tuesday, allowing their lawsuit alleging former women’s head coach Teri McKeever verbally and psychologically abused them to move forward.
The 18 former Golden Bear swimmers filed a lawsuit against the UC Board of Regents in 2023 in Alameda County Superior Court, alleging that university officials failed to protect them from McKeever’s abuse.
The case was initially thrown out by a judge due to the statute of limitations rule, which is two years in the state of California in regards to personal injury.
However, the swimmers appealed the decision, arguing that their claims weren’t barred by the two-year statue of limitations due to the discovery rule, which clock starts when an injured party discovers the alleged harm.
Essentially, the group of former swimmers, who competed for Cal between 2000 and 2020, contended that while they knew they were suffering while training under McKeever, they believed it was just “tough coaching” because that’s how it was presented, but didn’t realize her conduct may have been abusive or that Cal may have known about her behavior and failed to act.
“Plaintiffs acknowledge that while they were on the team, they knew they were suffering due to McKeever’s coaching,” said Justice Monique Langhorne Wilson. “But plaintiffs argue they did not know McKeever’s conduct was anything other than legitimate, challenging coaching. That is, they did not know McKeever had committed any wrongdoing.”
Langhorne Wilson said that it was only after the original Orange County Register article was published “in 2022 that plaintiffs knew that their claims against UCB had accrued.”
“Only after reading the article did plaintiffs contemplate that the abuse they suffered could form the basis of a legally cognizable claim,” she said, according to Bloomberg Law.
A California appeals court in the First Appellate District agreed with the swimmers on discovery rule grounds and reversed the decision to throw out the case, according to Courthouse News Service.
A three-judge panel’s opinion noted that while McKeever held a lot of power at Cal and had elevated status in swimming as the only female to serve as head coach of the U.S. Olympic team, her behavior at Berkeley included “coercion, unquestioning loyalty, public shaming, intimidation, isolation, exclusion, fear and unsafe training conditions,” according to the swimmers.
“Plaintiffs suffered from depression and anxiety, panic attacks, self-doubt, and post-traumatic stress. They had body insecurity and disordered eating due to McKeever’s comments about their weight,” said Langhorne Wilson, according to Courthouse News Service . “Many plaintiffs had suicidal ideations.”
Langhorne Wilson said that Cal had known about McKeever’s behavior since 1994, and several team captains had met with the athletic director to discuss her conduct over the years.
In 2018, a group of Cal swimmers sent a letter to the NCAA detailing the abusive environment McKeever had created, but after the NCAA passed the letter on to Cal officials, neither investigated her actions, according to Courthouse News Service.
In the current lawsuit, the swimmers claim the UC Board of Regents is liable for negligence, negligent supervision or retention, negligent failure to warn, train, or educate, and negligent infliction of emotional distress.
“UCB ignored and concealed any complaints about McKeever,” said Langhorne Wilson. “It continued to employ her, representing that she was a safe and trustworthy coach.”
After the allegations against McKeever came to light in May 2022, she was quickly placed on administrative leave, and then following an eight-month-long investigation, Cal fired her as the head coach of the women’s swim team in January 2023. In late December 2023, she accepted a three-month suspension from the U.S. Center for SafeSport after admitting to emotional abuse.
Read the full story on SwimSwam: Cal Swimmers Win Appeal, Allowing McKeever Lawsuit to Move Forward
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